Leadership (Abuja)
Samuel Aruwan, Kaduna And Prince Charles Dickson
19 November 2008
Abuja — A ten-man military court martial headed by Brig-Gen. Bala Usara, yesterday in Kaduna, sentenced Major Sulaiman Alabi Akubo and five other soldiers to life imprisonment for illegally selling arms worth over N100 million to Niger Delta militants.
Other soldiers who shared Akubo's fate in the deal that involved over 7000 arms of various descriptions are Sergeant Matthias Peters, Lance Corporal Alexander Davou, Lance Corporal Moses Nwaigwe, Lance Corporal Nnamdi Anene and Private Caleb Bawa.
The Court martial also demoted Corporal Kola David and Aliyu Mohammed, who were tried with the convicted officers, but whose involvement was peripheral, to privates.
The officer and soldiers were charged for disposing several types of military weapons that were stolen between January 2000 and December 2006, from both the depots of the Nigerian Army at the Armed Forces Command and Staff College, Jaji and the One Division Base Ordnance, Kaduna.
'The soldiers were said to have been selling the weapons to prominent the Niger Delta militants Group, movement for the Emancipation of the Niger Delta (MEND).
The illegal deal was allegedly routed through one Sunny Owei Okah believed to be a brother of MEND'S leader Henry Okah who is now facing gun running charges at Jos in Plateau State.
The Judge - Advocate, Colonel Lanre Adekagun, and Brig-Gen.Usara gave details of the charges before conviction, after a arguments of both the prosecution and the defence counsels,The details read in part:
"(i) Civil offence to wit crimina1 conspiracy punishable under Section 97 (l) (l) of the Penal Code and triable in a court martial by virtue of Section 114 (1) of the Armed Forces Act Cap A20 Laws of the Federation of Nigeria 2004;
Count 2: criminal breach of trust punishable under Section 215 of the Penal Code and triable in a court martial by virtue of section 114 (1) of the Armed Forces Act Cap A20 laws of the Federation of Nigeria 2004;
Count 3: criminal conspiracy punishable under Section 971 of the Penal Code and triable in a court martial by virtue of Section 11 (1) of the Armed Forces Act Cap A20 Laws of the Federation of Nigeria 2004;
Count 4: illegal dealings in firearms contrary to Section 9(1) of the Firearms Act Cap 4 (28) Laws of the Federation of Nigerian 2004 and triable in a court martial by virtue of Section 114 (1) of the Armed forces Act Cap A20 Laws of the Federation of Nigeria 2.004;
Count 5: civil offence to wit: criminal conspiracy punishable under section 97 (1) of the Panel Code and triable in a court martial by virtue of Section 114 (1) of the Armed Forces Act Cap A20 Law of the federation of Nigeria 2004;
Count 6:aiding the enemy punishable under Section 45 (2d) of the Armed Forces Act Cap A20 Laws of the Federation of Nigeria 2004",Stating the particulars of each of the six offence's committed, he further said "At Jaji and Kaduna in Kaduna State on various days and occasions between January 1, 2000 and December 31, 2006 agreed between and among themselves and others at large to comrnit the offence of criminal breach of trust to wit: dishonestly disposing off over 7000 arms of various descriptions, properly of the Nigeria Army entrusted in their care to Mr. Sunny Owei Okah for an estimated sum of over NIOOmilIion onlv and that the offence was committed in pursuance of the said agreement".
"At Jaji and Kaduna in Kaduna State on various days and occasions between 1 January 2000 and 31 December 2006 being entrusted with care and security of arms at One Ordnance Depot, Jaji and One base Ordnance Depot, Kaduna dishonestly disposed off quantity over 7000 arms of various descriptions property of the Nigerian Army to Mr. Sunny Owei Okah for an estimated sum of over NIOOmilIion only".
"At Jaji and Kaduna in Kaduna State on various days and occasions between 1 January 2000 and 31 December 2006 agreed between and among themselves and others at large to commit the offence of illegal dealings in firearms to wit engage in the sell of over 7000 arms of various dicscriptions properly of the Nigerian Army to Mr. Sunny ()wei Okah for an estimated sum of over NIOOmilIion onlv and that the offence was committed in pursuance of the said agreement.
"At Jaji and Kaduna in Kaduna State on various days and occasions between 1 January 2000 and 31 December 2006 not being registered lire arms dealers engaged in the sale of quantity over 7000 arms of various descriptions property of the Nigerian Army to Mr. Sunny Owei Okah (or an estimated sum of over N lOOrriiilion only".
"At Jaji and Kaduna in Kaduna State on various days and occasions between January 1, 2000 and December 31, 2006 agreed between and among themselves and others at large to commit the offence of aiding the enemy to wit: knowingly and without lawful excuse furnished the Niger Delta militants with quantity over 7000 arms of various descriptions property of the Nigerian Army through Mr.Sunnv Owei Okah for an estimated sum of over N100 million only and that offence was committed in pursuance of the said agreement".
"At Jaji and Kaduna in Kaduna State on various days and occasions between 1 January 2000 and December 31, 2006 agreed between and among themselves and others at large to commit the offence of aiding the enemy to wit: knowingly and without, lawful excuse furnished the Niger Delia militants with quantity over 7000 arms of various discriptions properly of the Nigerian Army through Mr. Sunny Owei Okah for an estimated sum of over NIOOmilIion only."
Issues of competent jurisdiction to try the convicted officer and soldiers earlier brought forward by the defence learn were overruled by the GCM's President who said that the defence team raised the issue towards the end of the trial and during the closing of addresses.Although Major Akubo, pleaded for a rnitigation of the impending sentence by (he court, the President of the GCM said the convicted officer and soldiers must be principally punished for the offences committed to serve as a deterrent to others who may be habouring thoughts of committing same.
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